South Carolina Code of Regulations Chapter 62 - STATE COMMISSION ON HIGHER EDUCATION
South Carolina Code of Regulations Chapter 62 — State Commission on Higher Education
Overview
The State Commission on Higher Education (SCHE) is an administrative agency responsible for the planning, coordination, and oversight of public higher education in South Carolina. Chapter 62 sets out the rules and guidelines governing the Commission’s role in policy-making, institutional authorization, program approval, and quality assurance in higher education.
Primary Roles and Responsibilities
Planning and Coordination
SCHE develops a statewide plan for higher education, aiming to align academic programs, facilities, and resources with the needs of students, the workforce, and the state economy.
Institutional Authorization and Oversight
The Commission authorizes degree-granting institutions to operate within South Carolina, ensuring they meet standards of quality and accountability.
Program Approval and Review
SCHE reviews and approves new academic programs proposed by institutions to avoid duplication and ensure relevance to state goals.
Policy Development
The Commission formulates policies regarding admissions, tuition, financial aid, and articulation agreements among institutions.
Accountability and Quality Assurance
SCHE monitors institutional performance, student outcomes, and financial management to maintain and improve educational quality.
Administrative Authority
SCHE acts as a central coordinating body to streamline higher education governance.
The Commission has rulemaking power to set standards and procedures for institutions.
It may hold hearings and make determinations on authorization, program approvals, and compliance issues.
Relevant Case Law Principles
Although specific cases involving South Carolina’s SCHE may not be widely published, general legal principles applicable to similar higher education commissions include:
1. Authority to Regulate and Coordinate Higher Education
Courts uphold the authority of higher education commissions to establish rules and standards for institutions to ensure educational quality and efficient use of resources.
Board of Regents v. Commission (conceptual) — The commission’s role in preventing program duplication and maintaining statewide coordination is recognized as a valid exercise of state authority.
2. Due Process in Institutional Actions
When SCHE takes adverse actions, such as denying program approval or institutional authorization, affected parties are entitled to notice and a fair hearing.
College X v. State Commission (conceptual) — Due process requires that institutions have an opportunity to present evidence and challenge adverse findings.
3. Judicial Review and Deference
Courts defer to the expertise of the Commission in academic and policy matters, overturning decisions only if they are arbitrary, capricious, or lack substantial evidence.
Review focuses on procedural fairness and whether the Commission acted within its statutory mandate.
Summary Table
| Aspect | Description | Case Principle |
|---|---|---|
| Planning and Coordination | Develops statewide higher education plans | Valid state authority for education governance |
| Institutional Oversight | Authorizes and monitors degree-granting institutions | Due process for affected institutions |
| Program Approval | Reviews and approves new academic programs | Fair hearing rights and evidentiary support |
| Policy Development | Sets policies on admissions, tuition, and financial aid | Deference to Commission’s expertise |
| Accountability | Ensures institutional quality and compliance | Judicial review for abuse of discretion |
Conclusion
The South Carolina State Commission on Higher Education plays a pivotal role in shaping and maintaining the quality, efficiency, and accessibility of public higher education. By coordinating planning, authorizing institutions, approving academic programs, and enforcing policies, the Commission balances state educational goals with institutional autonomy. Courts generally respect its expertise, ensuring its decisions are made fairly and within legal bounds.
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